Law: Criminal Procedure Code (V of 1898)

Section: 205,342

Criminal Procedure Code (V of 1898), Ss. 205 and 342---­Pleader may be examined under S. 342 on behalf of accused exempted from appearance under S. 205. The provisions of section 342, Cr. P. C., are controlled by those of section 205 of the Code. Considering the language of section 205 of the Code, it is plain that throughout the trial, the Court need not insist upon the personal appearance of the accused unless for some reason it thinks otherwise. Held, that there was no illegality or even irregularity in the trial consequent on the pleader being examined on behalf of the women accused under section 342, Cr. P. C. Ishwar Das v. Bhagwan Das A I R 1934 All. 693, Adeluddin v. Emperor A I R 1945 Cal. 482, In re: Noinamalai Konan A I R 1921 Mad. 679, Emperor v. Jaffar Cassum Moosa A I R 1934 Bom. 212, Maung Po Nyein v. Haka Singh A I R 1927 Rang. 73, Dorabshah Bomanji Dubash v. Emperor A I R 1926 Bom. 218, Emperor v. Radha Raman Mittra A I R 1930 All. 817, Bechu Chaube v. King Emperor A I R 1923 All. 81 and Emperor v. damal Khatun 14 Cr. L J 272 (D B) ref. JUDGMENT RAHMAN, J.-Jahandad and others, seven persons, were tried by Sheikh Farooq Ahmad, Magistrate, 1st Class, Jhelum, under sections 147 and 325 read with section 149, P. P. C., on the allegations that they committed a riot on the 27th of May 1952, at about sunset, in the area of village Budhar, in the course of which, simple and grievous injuries were caused to Dost Muhammad, Muhammad Alam, Mst. Daulat Begum and others. The learned Magistrate acquitted all the accused persons in this case. There was a cross-complaint lodged by Jahandad which was also dismissed and the accused discharged. The Provincial Government has challenged the acquittal of the seven accused by an appeal under section 417 of the Code of Criminal Procedure. The persons accused are Jahandad, Karam Dad,. Pehlwan, Muzaffar Khan, Mst. Walayat Begum, Mst. Khanman and Mst. Khurshid Begum. They are all inter-related. It was alleged that the male respondents were armed with sticks while the women carried stones which they threw at the opposite party. The incident is said to have arisen in the following way. At about digarwela on the day of…

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